property division in nevada divorce

What is Separate Property Division in Nevada Divorce?

Posted by Staff In Divorce 0 comment

Picture this: You’ve inherited your grandmother’s cherished family home, or perhaps you’ve built a successful business years before marriage. Now, facing divorce in Nevada, you’re wondering if these precious assets will be divided with your spouse. As experienced divorce attorneys in Las Vegas, we at Kelleher & Kelleher see this concern regularly among our clients.

Did you know that in Nevada, nearly 40% of divorce disputes involve complex questions about separate property? Whether you’re considering divorce or simply planning for the future, knowing how to protect your separate property can save you significant stress and financial loss down the road.

Your separate property rights in Nevada carry significant weight – but only if you can prove and protect them properly. The reality is that many Nevada residents lose their separate property rights simply because they didn’t take the right steps to maintain them during marriage.

At Kelleher & Kelleher, our family law attorneys have helped countless Nevada residents protect their separate property rights during divorce. We’ve seen firsthand how proper planning and documentation can make all the difference in preserving your individual assets.

The Basics of Property Division in Nevada

Let’s cut straight to the chase about how Nevada handles property in divorce. Nevada follows community property laws – and this makes a big difference in how your assets might be divided during divorce.

Here’s what that means for you: In Nevada, the law starts with the assumption that everything you and your spouse acquired during marriage belongs to both of you equally. This isn’t just about the obvious things like your house or cars – it includes retirement accounts, businesses, and even that side-hustle you started last year.

Under Nevada law (NRS 123.130), separate property includes:

  • Assets you owned before marriage
  • Gifts received during marriage
  • Inheritances received during marriage
  • Personal injury settlements

Here’s the catch: while separate property can remain yours alone, you must prove two key things:

  1. The property qualifies as separate property under NRS 123.130
  2. You never took steps to convert it into community property

Consider this example: Let’s say you inherited $50,000 from a relative during your marriage. If you deposited that money into a joint account with your spouse or used it to purchase property in both names, you might have inadvertently converted—or “transmuted”—your separate property into community property.

Protecting Your Separate Property

Nevada law (NRS 123.150) provides several ways to protect your separate property:

  • Keep it completely separate from community assets
  • Create a prenuptial agreement
  • Record an inventory with the County Recorder (though this method is rarely used)

Most people don’t realize how easily separate property can become community property. Something as simple as adding your spouse’s name to a pre-existing account or using inherited money to buy jointly-owned assets can transform separate property into community property.

The courts take these actions seriously. If you do anything that suggests an intent to share what was once yours alone, the court will likely honor that apparent intent. This aligns with Nevada’s policy of protecting each spouse’s equal, undivided interests in community property.

nevada divorce property division represented by coin jars

Retirement Accounts

Your retirement accounts require special handling during divorce. Here’s why: Many people start contributing to retirement accounts before marriage and continue contributing throughout their married life. The law protects those pre-marriage contributions as your separate property, even though later contributions made during marriage are considered community property.

Nevada courts use the “time rule” to divide these accounts fairly. This means we look at the timeline of contributions – any money you put into the account before marriage stays yours, while contributions made during marriage are split equally between both spouses. For example, if you contributed to your 401(k) for three years before getting married, those three years of contributions remain your separate property.

Community Property Also Means Community Debts!

When you’re going through a divorce, debts are just as much a part of the property division process as your assets. Think of debt as “negative property” that must be divided between you and your spouse.

Here’s the key principle: If you took on the debt during your marriage, it belongs to both of you – what we call “community debt.” The law assumes both spouses benefited from whatever was purchased or financed with that debt, so you’ll both share responsibility for paying it back.

But what about debts from before the marriage? Those stay with the person who originally took them on. For instance, if you brought student loans into the marriage, those remain your separate debt after divorce.

Sometimes, the court might assign more debt to the spouse with a higher income – but they’ll balance this by giving that person more assets too. At the end of the day, the goal remains a 50/50 split of your combined assets and debts.

What Happens to Property Outside Nevada?

Do you own property in another state? Maybe a vacation home in California or a rental property in Arizona? Many of our clients at Kelleher & Kelleher ask how Nevada courts handle these out-of-state assets during divorce.

Here’s the good news: If you’re getting divorced in Nevada, our courts can typically handle all your property division matters – regardless of where that property is located. The court has authority over you and your spouse, which means they can direct both of you to take necessary actions with any property, wherever it might be.

A Word of Caution Sometimes, local laws where your property is located might affect how we handle its division. For example, if you own a timeshare in Hawaii, specific state regulations there could influence the property transfer process.

That’s why at Kelleher & Kelleher, we thoroughly research these cross-state legal issues early in your case. Our experienced Las Vegas family law team anticipates and addresses these complexities before they become problems. Call us at (702) 384-7494 to discuss your specific property concerns.

Beyond Bank Accounts: The Complex World of Intangible Assets

At Kelleher & Kelleher, we see it time and again – successful professionals and business owners facing a unique challenge in divorce: How do you divide something you can’t touch or see?

Your high-value divorce might involve assets that don’t sit in a bank account or park in your driveway. We call these “intangible assets,” and they often represent significant value in modern divorces. Examples of intangible assets include things like your company’s brand value – built through years of dedication. Stock options from your tech career. Patents that protect your innovations. Even the value of your professional reputation or celebrity status.

The Art and Science of Valuation These assets need skilled experts to determine their true worth. Much like getting your home appraised, professional valuators analyze market conditions, future earning potential, and industry standards to put a dollar figure on these intangible assets.

Finding Common Ground You and your spouse have options. You can agree on values together, potentially saving time and money. If agreement isn’t possible, our network of trusted experts will provide clear, defensible valuations that stand up in court.

Let our Las Vegas family law team protect the value you’ve built. Call Kelleher & Kelleher at (702) 384-7494 for strategic guidance on your high-value divorce case.

Continue Reading
a woman is upset because the other side lies in a child custody case

What To Do When The Other Side Lies in Child Custody Case?

Posted by Staff In Child Custody, Divorce 0 comment

When child custody battles heat up in Nevada, false allegations can turn an already challenging situation into a nightmare. As experienced Las Vegas divorce attorneys at Kelleher & Kelleher, we’ve seen how fabricated stories and exaggerated claims can spiral out of control during custody disputes. We’re here to help you protect your rights and your relationship with your children.

The Reality of False Claims in Family Court

False allegations in custody cases often start small. A parent might blow minor incidents out of proportion or create fictional scenarios, hoping to gain an advantage in court. Sometimes these claims stem from genuine hurt and betrayal. Other times, they’re calculated attempts to damage the other parent’s custody rights.

If you’re facing false accusations in your custody case, you’re likely experiencing a whirlwind of emotions – shock, fear, and anger are all normal responses. Many parents immediately want to retaliate with their own accusations, but this approach rarely helps your case. It will be tempting to retaliate, or to try and use their own tricks against them. But don’t. This just doesn’t work.

As your family law attorneys in Las Vegas, we’ll help you focus on what truly matters – the legal framework that governs custody decisions. Nevada courts base their decisions on concrete facts and specific legal guidelines, not emotional accusations.

The courts follow NRS 125.480, which clearly states that custody decisions must focus solely on your child’s best interests. Here’s what you need to know:

Legal Authority: Courts can make both interim and final custody orders under NRS 125.510 and NRS 125.230.

Gender Neutrality: The law doesn’t favor either parent based on gender or traditional parental roles.

Parental Agreements: When parents create their own custody arrangements, courts generally accept these unless they’re unconscionable or illegal.

You’ll notice that nowhere in there does it say anything about who proves the other side wrong, or who has the most compelling story.

a man is upset because the other side lies in a child custody case

Real-World Examples of False Allegations

In our years as Nevada family law specialists, we’ve seen various types of false allegations:

Example 1: A parent claims the other never attends school events or medical appointments, but email records and doctor’s office sign-in sheets show consistent involvement.

Example 2: Accusations of substance abuse surface only after custody proceedings begin, despite social media posts showing the accusing parent socializing with the accused parent without concern.

Example 3: Claims of an “unsafe home environment” arise, yet photos, videos, and witness statements demonstrate a loving, well-maintained home life.

So How Do You Fight Against Lies By The Other Side?

Our Las Vegas family law attorneys recommend a proactive approach to protecting yourself. Before

Document Everything: Create a strong foundation of evidence:

  • Save every email about parenting matters
  • Keep a detailed visitation log
  • Record all child-related expenses
  • Maintain copies of school and medical records

Communication Best Practices:

  • Use email for important conversations
  • Keep messages focused on the children
  • Remain professional and courteous
  • Save all written exchanges

Professional Documentation:

  • Request progress reports from teachers
  • Maintain records of counseling sessions
  • Keep documentation of extracurricular activities
  • Save receipts for child-related expenses

Digital Communication as Evidence

Email stands as your strongest digital ally in custody disputes. Unlike text messages, emails create a clear, timestamped record that’s difficult to manipulate. Make email your go-to channel for discussing pickup times, school events, medical appointments, and other parenting matters.

While text messages play a role in your case, they require additional verification steps. Save screenshots with visible dates and phone numbers, and back up your text histories regularly. At Kelleher & Kelleher, we help you build a solid chain of custody for all your digital evidence.

Daily Documentation Strategies

Your calendar becomes a powerful weapon against false claims. Record every interaction:

  • Child pickup and dropoff times
  • School event attendance
  • Medical appointments
  • Extracurricular activities
  • Parent-teacher conferences

These detailed records can swiftly disprove claims about uninvolved parenting. For example, if your ex claims you’ve been absent from your child’s life, your documented history of regular pickups and doctor’s visits tells a different story.

The Social Media Factor

Social media posts often reveal the truth behind false allegations. We’ve seen cases where a parent accuses their ex of negligent behavior, only to have their own social media activity contradict their claims. Particularly telling are posts showing:

  • Joint family activities
  • Positive co-parenting moments
  • Contradictions to court statements
  • Public behavior patterns

However, social media can cut both ways. Courts take a serious view of parents who use platforms to criticize or shame their co-parent. Such behavior can harm your case and, more importantly, your children’s emotional well-being.

Legal Protections and Remedies

Nevada family courts have several tools to address false allegations:

Court Orders: Judges can issue orders preventing parties from making unfounded reports to authorities

Sanctions: Courts may impose penalties for knowingly false statements

Custody Modifications: Repeated false allegations can lead to custody changes

Guardian ad Litem: The court might appoint an independent advocate for your child

Your Next Steps

Don’t let false allegations threaten your relationship with your children. Our Las Vegas custody attorneys at Kelleher & Kelleher are ready to help you build a strong defense and protect your parental rights.

Call us at (702) 384-7494 for a consultation. We’ll review your situation, explain your options, and help you develop a strategy to counter false allegations effectively.

Looking for more family law resources? Our Las Vegas family law team regularly shares insights on custody matters, divorce proceedings, and other family law topics. Contact our family law attorneys today to learn how we can help protect your rights as a parent.

Continue Reading
periodic alimony lets a mother care for her child

What is the Difference Between Periodic Alimony and Lump-Sum Alimony?

Posted by Staff In Alimony 0 comment

When you’re going through a divorce in Nevada, you might face a critical decision about alimony payments. The main difference between periodic and lump sum alimony is straightforward: periodic alimony involves regular payments over time, while lump sum alimony is a single, one-time payment that settles all spousal support obligations immediately.

Picture this: Sarah, a successful business owner, was weighing her alimony options. Her spouse had requested alimony, and she needed to decide between making monthly payments for five years or offering a single lump sum payment. Like many of our clients at Kelleher & Kelleher, she needed clarity on which option would better serve her long-term financial interests. In her case, a lump sum payment was difficult, but protected her personal and business income from unexpected ups and downs that may come in the future.

The choice between periodic and lump sum alimony can significantly impact your financial future. As family law attorneys serving Nevada families for decades, we’ve seen how this decision affects both parties in a divorce. Some clients benefit from the flexibility of periodic payments, while others find freedom in the finality of a lump sum settlement.

At Kelleher & Kelleher, we’ve guided countless Las Vegas residents through these exact decisions. Our family law attorneys have deep experience with both traditional periodic alimony arrangements and lump sum settlements. We’ve seen firsthand how each type of alimony serves different needs and situations. Let’s take a look at both of these options.

The Basics of Periodic Alimony

Periodic alimony represents the most common type of spousal support in Nevada divorces. Think of it as a regular paycheck – you’ll either receive or pay a set amount on a specific schedule, typically monthly. These payments help maintain financial stability for the receiving spouse while they transition to financial independence. Your alimony attorney is your champion for ensuring that the periodic alimony amount is fair both in how much it is, and how long it lasts.

How Periodic Payments Work

Most of our Las Vegas clients at Kelleher & Kelleher opt for monthly payments, though some arrange for quarterly or even annual disbursements. For example, if the court awards $2,000 in monthly alimony, you’ll see this money consistently transfer on a set date, much like a regular salary. But it is possible to do something like $6,000 quarterly, if circumstances are right for that arrangement.

When Periodic Alimony Makes Sense

We often recommend periodic alimony when:

  • You’re ending a long-term marriage where one spouse focused on home life while the other built a career
  • The paying spouse has steady income but lacks substantial liquid assets
  • The receiving spouse needs time to gain job skills or complete education

For example, there’s Mike, who worked as a software developer while his wife Lisa stayed home with their children for 15 years.  The court ordered periodic alimony payments of $3,000 monthly, but limited it to five years, giving Lisa ample time to update her nursing credentials and return to her career.

periodic alimony allows a spouse to return to nursing school
periodic alimony allows a spouse to return to nursing school

Tax Considerations for Periodic Alimony

The tax landscape for alimony changed dramatically in 2019. Now, if you pay periodic alimony, you can’t deduct these payments from your taxes. And if you receive alimony, you don’t need to report it as income. Our family law team at Kelleher & Kelleher can help you factor these tax implications into your divorce strategy.

Modifying Periodic Alimony in Nevada

One significant advantage of periodic alimony: you can modify it if circumstances change substantially. Lost your job? Faced a serious illness? Experienced a significant income change? Nevada courts may adjust your alimony arrangement. However, you’ll need strong legal representation to prove why these changes merit modification. Courts don’t like second-guessing the decisions of earlier judges or agreements without good reason.

For example, an unexpected layoff in the gaming industry may mean alimony payments need to be reduced. With proper documentation and legal strategy, good lawyers can secure a temporary reduction until new employment is found.

Lump Sum Alimony

Lump sum alimony provides a clean break in your divorce by settling all spousal support obligations with a single payment. This approach can offer both parties a fresh start without ongoing financial ties and the stress of future negotiations as circumstances change.

How Lump Sum Payments Work

Unlike periodic payments, lump sum alimony involves calculating the total support needed and paying it all at once. Let’s say your periodic alimony would have been $2,000 monthly for five years. A lump sum arrangement might involve paying $120,000 upfront (though the actual amount often differs due to various financial factors).

Benefits of Choosing Lump Sum

The appeal of lump sum alimony often lies in its finality. Here’s an example scenario: Sarah owns a successful small business in Las Vegas, while her spouse David left his career to support her business growth. Instead of making monthly payments that could fluctuate with her business income, Sarah might prefer offering a lump sum. This could protect her future business earnings and give David immediate capital to restart his own career.

Financial Planning with Lump Sum Payments

When considering a lump sum payment, you need to think carefully about long-term financial implications. For example:

A spouse receiving $200,000 in lump sum alimony needs to budget carefully to replace what could have been $4,000 monthly payments over several years. You might need to invest part of the money to create an income stream, save some for taxes, and use the rest for immediate needs like education or starting a business.

a lump sum alimony payment lets a business owner focus on work
a lump sum alimony payment lets a business owner focus on work

Tax Implications to Consider

The tax treatment of lump sum alimony differs from periodic payments. For instance, if you’re structured as a property settlement rather than alimony, the tax implications change significantly. Our family law attorneys at Kelleher & Kelleher can explain how these distinctions might affect your specific situation.

The Permanent Nature of Lump Sum Decisions

Here’s a critical point about lump sum alimony: once it’s done, it’s done. This cuts both ways. For the recipient, it means no going back for any additional funds. But for the payer, it means not having access to future modifications that could decrease payments. Let’s consider a hypothetical case:

Mark agrees to pay Rachel a lump sum of $150,000 instead of $2,500 monthly for five years. Six months later, Mark loses his job. Unlike with periodic alimony, he can’t request a modification. The payment is final, regardless of how either party’s circumstances change.

Real Estate and Asset Division Connections

Lump sum alimony often intertwines with property division. For example: You might agree to give up your share of the family home in Las Vegas (worth $300,000) in exchange for not paying any future alimony. Or you could secure your lump sum payment through other marital assets like retirement accounts or investment portfolios.

As experienced Nevada family law attorneys, the team at Kelleher & Kelleher can help you weigh these complex financial decisions. Call us at (702) 384-7494 to discuss whether lump sum or periodic alimony better suits your situation.

Continue Reading
contested divorce lawyers argue

What Is Contested Divorce? A Guide from Nevada’s Family Law Experts

Posted by Staff In Uncategorized 0 comment

Let’s start with the simplest explanation: a contested divorce occurs when you and your spouse disagree about any aspect of ending your marriage. This could be about property division, child custody, alimony, or even who keeps the family pet.

Think of divorce as untangling two deeply connected lives. When both spouses agree on how to separate these connections, that’s an uncontested divorce. But when there’s disagreement about any part of this separation, you’re looking at a contested divorce.

As family law attorneys serving Las Vegas for decades, we at Kelleher & Kelleher see contested divorces every day. While they might sound intimidating, they’re actually quite common. You’re not alone in this situation – many Nevada couples go through this process, and we’re here to explain exactly what you can expect.

The reality is, most divorces start as contested. After all, ending a marriage involves dozens of decisions about your future, your finances, and potentially your children. It’s natural for couples to disagree on some of these crucial life changes.

Common Areas of Dispute in Contested Nevada Divorces

At Kelleher & Kelleher, our Las Vegas divorce attorneys have seen firsthand how certain issues consistently spark disagreement during divorce. Let’s break down these key areas and what they mean for your case.

Property Division

Nevada follows community property laws, which means assets acquired during your marriage typically get split 50/50. But here’s where things get complex: not every asset fits neatly into a spreadsheet or can be cut down the middle.

Take retirement accounts, for instance. Maybe you’ve built up substantial 401(k) savings during your marriage. Even if the account is in your name only, your spouse likely has a claim to part of it. Our Las Vegas disputed divorce team regularly handles the intricate process of dividing these accounts.

Business ownership adds another layer of complexity. If you or your spouse started or grew a business during marriage, you’ll need accurate valuations and potentially complex negotiations about buyouts or ongoing ownership arrangements.

Even seemingly straightforward assets like your family home can raise tricky questions that create a contested divorce:

  • Who stays in the home during divorce proceedings?
  • Should you sell and split the proceeds?
  • Can one spouse buy out the other’s share?
  • How do you handle an underwater mortgage?

Child Custody

As experienced child custody attorneys, we’ve seen how custody disputes touch every aspect of parenting. Nevada courts focus on one guiding principle: the best interests of your children. But defining those “best interests” often leads to heated disagreement. The disputes related to child custody fall into two categories: physical custody questions and legal custody questions.

Physical Custody determines where your children spend their time. A practical parenting schedule considers:

  • School and activity schedules
  • Your work commitments
  • Holiday arrangements
  • Summer break planning
  • Transportation between homes

Legal Custody shapes how you and your co-parent make major decisions about your children’s future. As contested divorce attorneys in Las Vegas, we’ve seen how these decisions touch every aspect of your children’s lives – from choosing schools and medical treatments to religious practices and extracurricular activities. Each of these choices carries weight for your child’s development and future opportunities.

Many parents come to us worried about losing their say in the decisions related to their children. At Kelleher & Kelleher, we work to create arrangements that keep both parents actively and appropriately involved in their children’s lives. For example, we might establish protocols where both parents must consult each other before making medical decisions, while allowing day-to-day choices to rest with the parent who has physical custody at that time.

We pride ourselves on crafting custody solutions that work in the real world, not just on paper. This might mean setting up digital co-parenting tools to improve communication between busy parents, or creating flexible schedules for parents working irregular hours. For families dealing with long-distance parenting, we develop detailed plans that maximize meaningful connection through a mix of in-person visits and virtual contact. Even holiday schedules get careful attention – we help you create rotation systems that feel fair and keep your children connected to their family.

Child Support

Child support might seem straightforward at first glance – after all, Nevada has specific guidelines for calculating these payments. But as family law specialists (read about what a family law specialist means here), we’ve seen how these calculations can become complex quickly. Your child’s financial future deserves a detailed look at every factor that could affect their support.

Let’s talk about real income first. At Kelleher & Kelleher, we dig deeper than just looking at a basic salary. Those year-end bonuses? They count. That overtime pay you regularly earn? That matters too. We’ve seen cases where uncovering all sources of income made a significant difference in the support children received. For example, one parent might work a traditional job while also earning income from rental properties or a side business – all of these sources need to factor into child support calculation, and they have to be fair.

The real costs of raising your children may extend far beyond basic needs. Health insurance premiums play a major role in support calculations, but what about out-of-pocket medical expenses? Your children’s required medications, therapy sessions, or special medical equipment all affect the final support amount. We make sure these essential costs don’t get overlooked.

Childcare expenses often shock parents who haven’t priced daycare recently. In Las Vegas, quality childcare can cost as much as a mortgage payment! When you’re working to support your family, these costs need to be factored into your support arrangement. The same goes for special education needs, tutoring, or enrichment activities that benefit your child’s development.

As your family law team, we also look ahead. Maybe your child excels in competitive sports, requiring expensive equipment and travel. Perhaps they have unique educational needs that could require private schooling. These special circumstances deserve careful consideration in your support agreement. We’ve helped parents create arrangements that account for future cost increases, ensuring their children’s needs continue to be met as they grow.

Spousal Support

Let’s talk about one of the most complex aspects of contested divorce: spousal support, also known as alimony. As alimony attorneys in Las Vegas, we’ve seen how this topic often creates intense debate during divorce proceedings. The reality? No two cases look exactly alike because every marriage has its own unique financial story.

Think about Sarah, a recent client who spent 15 years supporting her husband’s medical career by managing their household and caring for their children. Now that they’re divorcing, she needs time and resources to rebuild her own career. Or consider Michael, who developed chronic health issues during his 20-year marriage, affecting his ability to work full-time. These real scenarios (with names changed) show why spousal support isn’t just about numbers—it’s about creating fair and reasonable support.

Your current financial reality matters just as much as your history. We analyze both spouses’ earning potential, looking beyond current paychecks to examine the whole financial landscape. Will one spouse likely stop working in the future, or possibly return to the workforce after a long break? Maybe you need additional education to re-enter your field. Perhaps your former spouse has equity compensation or bonuses that should factor into support calculations. Our contested divorce team digs deep to uncover all relevant financial details.

Age and health conditions can dramatically impact support arrangements. We recently helped a client in her late 50s secure support that accounted for her arthritis, which limited her typing ability and affected her employment options as an administrative professional. These real-world factors demand attention when crafting fair support agreements.

Sometimes, spousal support connects directly to a property settlement. You might agree to a different split of retirement accounts in exchange for modified support terms. Or perhaps you’ll keep the family home but accept lower monthly support payments. We help you weigh these trade-offs to find solutions that make sense for your future.

Remember those late-career degrees or professional certifications one spouse earned while the other kept the household running? Nevada courts consider these contributions when determining support. Your role in building your spouse’s earning potential has real value, and we make sure it gets recognized.

Call Kelleher & Kelleher at (702) 384-7494 to discuss your unique situation. Our Las Vegas family law team can help you develop a spousal support strategy that protects your financial future while being fair to both parties.

contested divorce leads to complicated paperwork

The Contested Divorce Process: Your Path Forward

As experienced contested divorce lawyers in Las Vegas, we at Kelleher & Kelleher guide clients through every phase of this challenging journey. Let’s walk through what you can expect when you work with our team of contested divorce lawyers.

Filing Your Case: The First Steps Matter

Your contested divorce begins when one spouse files a Complaint for Divorce with the Nevada courts. As your contested divorce lawyers, we ensure this document accurately presents your position on every issue, from property division to child custody. The other spouse then has 21 days after being served to respond. This response shapes the entire course of your case, which is why having skilled contested divorce lawyers from the start makes such a difference.

Discovery: Building Your Strongest Case

The discovery phase might sound technical, but think of it as gathering evidence to support your position. Our contested divorce lawyers excel at uncovering the details that strengthen your case. We might need to examine tax returns spanning several years, dig into retirement account statements, or review communication records about your children.

Sometimes we bring in expert witnesses – maybe a forensic accountant to trace hidden assets, or a child development specialist to assess custody arrangements. Recently, we helped a client prove her spouse had undervalued their family business by tens of thousands of dollars, securing her fair share of this vital asset.

Negotiations and Mediation: Finding Common Ground

Even in contested divorces, reaching agreements outside the courtroom often serves your best interests. The contested divorce lawyers at Kelleher & Kelleher excel at strategic negotiation. We’ve seen cases where spouses who initially disagreed on everything found workable solutions through skilled mediation.

Picture this: you’re stuck on how to divide your retirement accounts while ensuring both parties can maintain their lifestyle. Our contested divorce lawyers might propose creative solutions, like offsetting retirement funds against other assets or structuring a payment plan that works for everyone. We recently helped a client keep her cherished family home by negotiating a fair trade-off with other marital assets.

Trial Preparation: Ready for Any Scenario

If negotiation doesn’t resolve all issues, your contested divorce lawyers prepare meticulously for trial. At Kelleher & Kelleher, we build compelling arguments backed by solid evidence. We rehearse testimony, organize exhibits, and craft strategies to present your case effectively to the judge.

The courtroom can feel intimidating, but our contested divorce lawyers ensure you’re thoroughly prepared. We explain what to expect, how to dress, when to speak, and how to present yourself confidently. You’ll never walk into that courtroom alone – your dedicated legal team stands beside you every step of the way.

Ready to work with contested divorce lawyers who combine deep legal expertise with genuine care for your future? Call Kelleher & Kelleher at (702) 384-7494. Our Las Vegas family law team will protect your rights and fight for your best interests throughout your contested divorce.

lawyers for contested divorce negotiate

How a Family Law Attorney Helps

The family law attorneys at Kelleher & Kelleher protect your rights throughout the contested divorce process. We:

  • Gather and present compelling evidence
  • Handle complex paperwork and court deadlines
  • Negotiate effectively on your behalf
  • Present your case strongly in court if needed

Getting Help with Your Contested Divorce

If you’re facing a contested divorce in Nevada, call Kelleher & Kelleher at (702) 384-7494. Our experienced Las Vegas family law attorneys will guide you through each step of the process, protecting your interests and working toward the best possible outcome for you and your family.

Continue Reading
a couple in a domestic partnership looks at a book

Does Nevada Recognize Domestic Partnerships From Other States?

Posted by Staff In Domestic Partnerships 0 comment

Yes! Nevada recognizes domestic partnerships from other states, but there are specific requirements and steps you’ll need to take to ensure your partnership is properly recognized. As a state that pioneered domestic partnership rights, Nevada offers robust protections for couples who have registered their partnerships elsewhere.

If you’re planning to move to Nevada or have recently relocated, you might be wondering about the status of your domestic partnership. You’re not alone. At Kelleher & Kelleher, our domestic partnership attorneys regularly work with couples who need clarity about their rights and legal status in Nevada.

Nevada treats out-of-state domestic partnerships similarly to how it handles marriages from other states. However, there are nuances in Nevada law that could affect your rights and responsibilities. Some partnerships may need additional documentation or registration to receive full recognition under Nevada statutes.

This article breaks down everything you need to know about domestic partnership recognition in Nevada. We’ll walk you through the legal framework, explain your rights, and highlight important steps to protect your partnership status. Whether you’re moving from California, Washington, or any other state, we’ll help you make sense of Nevada’s domestic partnership laws.

What Makes Nevada’s Domestic Partnership Laws Unique

Nevada’s approach to domestic partnerships sets it apart from many other states. Under NRS 122A.500, Nevada recognizes any legal union between two people that’s substantially equivalent to a domestic partnership, even if it goes by a different name in another state.

The Nevada Domestic Partnership Act offers comprehensive protections that mirror many marriage rights. You’ll find these protections apply whether you registered your partnership in Nevada or another state. This means your rights to property, inheritance, and medical decisions remain intact when you move to Nevada.

a domestic partnership couple moves to nevada

The Legal Framework for Out-of-State Domestic Partnerships

The foundation of Nevada’s recognition policy comes from NRS 122A.200, which grants domestic partners the same rights, protections, and benefits as spouses under Nevada law. This includes:

Your partnership automatically receives recognition if it was valid in the state where you formed it. You don’t need to re-register in Nevada, though some couples choose to do so for added security and documentation.

Your Rights as Domestic Partners in Nevada

When your out-of-state partnership receives recognition in Nevada, you gain significant legal protections. These include:

Property Rights: You share the same community property rights as married couples. This applies to assets acquired after your partnership began.

Medical Authority: You can make healthcare decisions for your partner and receive the same hospital visitation rights as spouses.

Inheritance Rights: You gain automatic inheritance rights and can serve as the administrator of your partner’s estate.

Legal Recognition: Public agencies must treat you the same as they would treat spouses, preventing discrimination based on your partnership status.

a couple in a domestic partnership has the same rights in nevada

Common Challenges and Solutions

While Nevada’s recognition laws are straightforward, you might face practical challenges when moving to the state. Here’s how to handle common situations:

Healthcare Coverage: While employers aren’t required to offer domestic partner benefits, many do. Check with your employer about transferring existing coverage.

Property Transfers: Your property rights transfer with you, but you might need to update deeds and titles to reflect Nevada law.

Legal Documents: Consider updating your powers of attorney and healthcare directives to comply with Nevada statutes.

Special Considerations for Same-Sex Couples

Nevada’s domestic partnership laws apply equally to all couples, regardless of gender. The state’s progressive approach means same-sex partnerships receive the same protections as any other domestic partnership.

While marriage equality is now federal law, some couples prefer domestic partnerships. Nevada respects this choice and provides substantial legal protections either way.

Steps to Secure Your Partnership Rights in Nevada

To ensure smooth recognition of your partnership:

  1. Gather your original domestic partnership documentation
  2. Keep copies of important legal documents showing your partnership status
  3. Update your estate planning documents to reflect Nevada law
  4. Consider speaking with a family law attorney about any specific concerns

When to Seek Legal Help

While Nevada’s recognition is automatic, complex situations might require legal assistance. Call Kelleher & Kelleher at (702) 384-7494 if you:

  • Face discrimination based on your partnership status
  • Need help updating legal documents
  • Have questions about property rights
  • Want to ensure your partnership receives full recognition
Continue Reading
family law specialist lawyers chat

What Does It Mean to be a Family Law Specialist?

Posted by Staff In Uncategorized, Divorce 0 comment

You may have noticed that John Kelleher is called a “Family Law Specialist.” If you’re really attentive, you’ll also notice that almost no other lawyers in Las Vegas use the word “specialist” on their website. Why?

Here’s why: In Nevada, lawyers must meet extremely strict standards before they can call themselves a “specialist” in any area of law. The State Bar of Nevada keeps a close eye on this. Those standards aren’t just a rubber stamp – they’re a serious commitment that most lawyers either can’t meet or haven’t chosen to pursue.

When you’re dealing with sensitive family matters like divorce or child custody, you want more than just a good lawyer – you want someone with proven expertise. At Kelleher & Kelleher, we’re proud that John Kelleher holds the distinguished designation of Family Law Specialist certified by the State Bar of Nevada. But what exactly does this mean for you and your case?

Not Just Another Family Law Attorney

Think of it this way: while any licensed attorney can practice family law, a certified Family Law Specialist has proven themselves to be in the top tier of their field. This isn’t just a fancy title – it’s a recognition earned through rigorous requirements and proven excellence in family law.

The Standards Are High

John Kelleher Family Law Specialist
John T. Kelleher, Family Law Specialist

To become a certified Family Law Specialist in Nevada, an attorney must meet extremely strict requirements, not the least of which is to show a true focus on the area of law in question. In other words, you can’t be a “boutique” lawyer and expect to be an expert in any given field. Here are just some of the requirements for achieving “specialist” certification from the Nevada Bar:

Dedicated Practice: They must spend at least one-third of their time practicing family law for years. This means your case isn’t just another file on their desk – it’s their primary focus.

Continuous Learning: They must complete hours of specialized family law education every year. This keeps them sharp and up-to-date with the latest developments in Nevada family law.

Professional Protection: They must maintain incredibly high levels of professional liability insurance, giving their clients extra protection and peace of mind.

Real Expertise Makes a Real Difference

When you work with a certified Family Law Specialist, you’re getting an attorney who:

  • Has proven their expertise in complex family law matters
  • Stays current with changing laws and procedures
  • Has demonstrated substantial experience in family court
  • Maintains the highest professional standards

Why Choose Kelleher & Kelleher

At Kelleher & Kelleher, we’re proud that John Kelleher has earned this prestigious certification. This specialist designation reflects our firm’s dedication to excellence in family law. When you’re facing challenging family legal issues in Nevada, you need someone who truly knows the ins and outs of family law.

Get Expert Help Today

Don’t leave your family’s future to chance. Contact Kelleher & Kelleher at (702) 384-7494 to work with a certified Family Law Specialist who can guide you through your legal challenges with proven expertise and dedication.

This certification is granted by the State Bar of Nevada Family Law Section, an organization approved by the Nevada State Bar Board of Governors to certify attorneys as specialists in family law.

Continue Reading
prenuptial agreement myths dont scare this couple

Common Myths About Prenuptial Agreements

Posted by Staff In Prenuptial Agreements 0 comment

Picture this: you’re sharing the exciting news of your engagement, when someone asks, “Are you getting a prenup?” Suddenly, the room goes quiet. Why does this question make so many couples uncomfortable?

As prenup attorneys in Las Vegas, we’ve sat down with hundreds of engaged couples at Kelleher & Kelleher. Time and again, we’ve heard the same concerns and misconceptions about prenuptial agreements. These myths aren’t just persistent – they’re preventing couples from making informed decisions about their financial futures.

The reality? Modern couples are embracing prenups more than ever before. Young professionals, business owners, and blended families come to us wanting to protect what they’ve built while planning for a strong future together. They’re having open, honest conversations about money and finding that a prenup actually strengthens their relationship. Remember, this isn’t about hoarding your belongings like a dragon. It’s about having an open, clear, and honest discussion about how you got to where you are, and where you both want to go in the future. You’ll discuss how you’ve made your living, and how your future earnings will be treated. You’ll make plans to protect each other from any debt you might be carrying into the marriage. Most importantly, you’ll lay the groundwork for clear headed discussions throughout your marriage.

a couple protects their future with a prenuptial agreement

But if you’re feeling unsure about prenups, you’re not alone. Let’s tackle the most common myths we hear in our practice – from the idea that prenups are only for the wealthy to concerns about trust and fairness. By the time you finish reading this post, you’ll have a clear picture of what prenups really mean for modern couples.

Breaking Down Common Myths About Prenups

As family law attorneys in Las Vegas, we’ve heard every prenup myth out there. Let’s set the record straight with examples and facts that matter to you.

“Prenups Are Only for Wealthy People”

Think prenups are just for millionaires? Think again. At Kelleher & Kelleher, we help couples from all financial backgrounds protect their futures. Teachers, nurses, small business owners, and hourly workers all benefit from prenups.

Meet Mike and Lisa – he’s a firefighter with a small pension, and she owns a food truck. They’re not wealthy by traditional standards, but they both have assets they’ve built up over years that are worth protecting. Their prenup safeguards Mike’s pension and ensures Lisa’s business can grow without complications. It also makes a plan for how they will treat their combined income going forward. Mike and Lisa feel tremendous relief when they finish their plan and prenup because they are protecting their financial foundations while laying a path to success together.

“Getting a Prenup Shows You Don’t Trust Your Partner”

Here’s what we tell our clients: a prenup is about trust, just not in the way you might think. It’s about trusting each other enough to have honest conversations about money. If you can sit together and have this conversation openly and honestly, that takes a tremendous amount of trust on both sides! Think of it this way – years from now you’ll face any difficult conversation with the knowledge that you have both trusted each other before, and you’ll do it again.

Many couples tell us these conversations actually brought them closer together. They learned things about each other’s financial goals and values that might have taken years to discover otherwise.

a couple overcomes prenuptial myths together

“Prenups Cost Too Much”

Let’s talk real numbers. Yes, a prenup requires an upfront investment. But compare that to the potential cost of sorting out financial disputes later – both in terms of money and stress. We’ve seen couples spend more on their wedding flowers than on a prenup that protects their entire financial future.

The cost of a prenup through Kelleher & Kelleher varies based on your specific needs, but we work with couples to create agreements that fit their budgets while providing comprehensive protection.

“Prenups Always Favor the Wealthier Spouse”

This myth couldn’t be further from the truth. A well-crafted prenup protects both partners’ interests and prevents anybody from taking advantage of the other. Take Sarah and Tom – she came into the marriage with more assets, but their prenup ensures Tom’s future career growth and contributions to their family are recognized and protected.

Nevada law requires prenups to be fair and reasonable. At Kelleher & Kelleher, we make sure both parties fully understand and agree to all terms. We can help you create an agreement that:

  • Protects both partners’ current and future interests
  • Recognizes non-financial contributions to the marriage
  • Ensures fairness in property division
  • Secures both partners’ financial independence

Ready to move past the myths and protect your future? Call Kelleher & Kelleher at (702) 384-7494. Our experienced family law team will answer your questions and help you understand how a prenup can work for your specific situation.

Continue Reading
a couple signs prenuptial agreements

What are the benefits of a prenuptial agreement?

Posted by Staff In Prenuptial Agreements 0 comment

Meet Sarah and James – she’s building a thriving bakery business in Las Vegas, and he’s a teacher with promising rental property investments. Like many modern couples, they saw their prenuptial agreement as a natural part of wedding planning, right alongside choosing their venue and planning their honeymoon.

Why? Because a prenuptial agreement isn’t about planning for divorce – it’s about protecting each other and the life you’re building together. Think of it as a financial roadmap for your marriage, spelling out how you’ll handle money matters as a team.

As family law attorneys at Kelleher & Kelleher, we’ve helped countless Nevada couples put these protective measures in place. A prenuptial agreement (often called a prenup) is simply a legal document that spells out how you’ll handle financial matters in your marriage. It covers everything from the business you’re growing to the inheritance you’re saving for your kids.

Here’s what might surprise you: prenups aren’t just for the wealthy anymore. Take our example couple – Sarah wants to make sure her growing bakery stays separate from marital assets so she can pass it down to her daughter one day. James wants to protect the rental properties he managed before marriage. Their prenup lets them tackle these real concerns head-on, leading to more open conversations about money and future plans.

a prenuptial agreement benefits a couple

In fact, millennials and Gen Z couples are getting prenups at higher rates than ever before. Why? Because they’re marrying later, bringing established careers and assets to their marriages, and taking a practical approach to financial planning. They see prenups as smart financial planning – like having insurance for your home or car.

At Kelleher & Kelleher, we focus on making the prenup process straightforward and stress-free. Want to learn more about how a prenup could benefit your specific situation? Give us a call at (702) 384-7494. Our experienced prenuptial lawyers will walk you through all the ways a prenup can protect what matters most to you.

Now, let’s look at the specific ways a prenup can benefit you and your future spouse.

Financial Protection and Peace of Mind

Money talks can be awkward, but they’re essential. At Kelleher & Kelleher, we’ve seen how a solid prenup turns those tough conversations into confidence-building moments. Let’s look at how a prenup protects your financial future.

Safeguarding Pre-Marriage Assets

You’ve worked hard for what you have. Maybe you’ve spent years building a small business, received an inheritance from your grandparents, or diligently saved for retirement. A prenup helps keep these pre-marriage assets separate and secure.

Take John, a local restaurant owner who spent 15 years building his business before meeting his fiancée. His prenup ensures that the business – and its future growth – stays in his control while allowing him to share the profits with his new family as he chooses. This clarity prevents future disputes and protects both spouses.

Real benefits of asset protection include:

  • Your business remains yours to control and grow
  • Family inheritances stay within your bloodline
  • Retirement accounts maintain their separate status
  • Investment properties keep their pre-marriage designation

Creating Clear Financial Boundaries

Money confusion leads to money conflicts. A prenup acts like a financial blueprint for your marriage. When you both know exactly what’s yours, what’s shared, and what’s separate, you’re free to focus on building your life together. This isn’t about being greedy, it’s about planning a future together and protecting the work that brought you together in the first place.

Consider Maria, a software engineer with stock options from her tech startup. Her prenup clearly outlines how future earnings from these options will be handled, preventing confusion down the road. This kind of clarity brings peace of mind to both partners.

Your prenup can spell out:

  • Which assets you’ll share and which stay separate
  • How you’ll handle future income and bonuses
  • What happens with business growth during marriage
  • How you’ll manage joint purchases like homes or cars

Shielding You from Future Debts

Debt doesn’t have to be a deal-breaker in marriage. A prenup can protect you from taking on your partner’s pre-marriage debts while creating a clear plan for handling future obligations.

Picture Alex, who’s finishing medical school with substantial student loans. His prenup with his fiancée ensures she won’t be responsible for his education debt, while also outlining how they’ll handle new debts they take on together. In other words, they aren’t making assumptions about how things will go–they’re making real plans for their shared financial stability.

Debt protection in your prenup can:

  • Keep student loans separate
  • Shield you from business liabilities
  • Protect against credit card obligations
  • Set boundaries for future joint debts

At Kelleher & Kelleher, we craft prenups that fit your unique situation. Call us at (702) 384-7494 to discuss how we can protect your financial future while strengthening your relationship foundation.

Continue Reading